CMM Senior Partner Scott Middleton successfully defended the Town of Smithtown in a recent slip and fall case, securing a unanimous verdict on behalf of the Town on the issue of liability.
In 2015, the plaintiff was putting her grandchild on the school bus in the hamlet of Nesconset when she allegedly slipped and fell on an icy residential roadway. She sustained a fractured hip and femur that required pinning of the hip and placement of an intermedullary rod in the femur. In her lawsuit against the Town of Smithtown, the plaintiff claimed that the Town’s winter plowing efforts created the icy conditions that led to her accident.
After a four-day trial on the issue of liability, Middleton established that the Town was not liable in creating the condition that caused the accident, resulting in a unanimous defendant’s verdict, saving the Town from significant legal exposure.
CMM has a proven track record in defending Suffolk and Nassau County towns and villages. Visit our Municipal Liability page to read about more successful cases.